# Mental Health Tribunal **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=3 [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) **Page:** 4 --- ## [Conditional or Deferred conditional discharge](https://forum.mentalhealthlaw.co.uk/t/conditional-or-deferred-conditional-discharge/1754)
**Author:** [@anonymous25](https://forum.mentalhealthlaw.co.uk/u/anonymous25)\ **Replies:** 5\ **Last updated:** [26 July 2023 16:22 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-or-deferred-conditional-discharge/1754 "2023-07-26T16:22:00Z")
If a hospital would support a conditional discharge but there is no supported accommodation identified yet, can the tribunal grant a deferred conditional discharge or would they need to adjourn for further information as… --- ## [Error in FTT refusal of permission](https://forum.mentalhealthlaw.co.uk/t/error-in-ftt-refusal-of-permission/1739)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 5\ **Last updated:** [22 July 2023 12:53 UTC](https://forum.mentalhealthlaw.co.uk/t/error-in-ftt-refusal-of-permission/1739 "2023-07-22T12:53:54Z")
I appealed against a FTT decision as I felt that the tribunal had wrongly assessed the risk of P of O on the grounds that P of O would be engaged if the patient accidentally came across the victim. This was linked to my… --- ## [Tribunal appeal out of time](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeal-out-of-time/1705)
**Author:** [@anonymous24](https://forum.mentalhealthlaw.co.uk/u/anonymous24)\ **Replies:** 3\ **Last updated:** [10 July 2023 21:28 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeal-out-of-time/1705 "2023-07-10T21:28:20Z")
Due to an administrative oversight we sent in a tribunal application late. The client is subject to a restriction order dated 16/1 and he instructed us to apply on 14/1. Although the application is dated 14/1/23 it was n… --- ## [Section 46 patient](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701)
**Author:** [@Ali](https://forum.mentalhealthlaw.co.uk/u/Ali)\ **Replies:** 7\ **Last updated:** [6 July 2023 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701 "2023-07-06T20:18:23Z")
Can anyone tell me how to appeal or gain access to Section 46 information? Section 46 is believed to be from the Home Secretary. Mental Health Act 1983 --- ## [Can a doctor appeal a Mental Health Tribunal decision?](https://forum.mentalhealthlaw.co.uk/t/can-a-doctor-appeal-a-mental-health-tribunal-decision/1607)
**Author:** [@Doctorcuratola](https://forum.mentalhealthlaw.co.uk/u/Doctorcuratola)\ **Replies:** 3\ **Last updated:** [6 June 2023 12:57 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-doctor-appeal-a-mental-health-tribunal-decision/1607 "2023-06-06T12:57:03Z")
As far as I know the MHA Tribunal is a small court with a Judge, a doctor and a lay person. They listen to a case where two parties clashes, where one is imposing a MHA Section of compulsory detention and the other disag… --- ## [Are there any grounds on which a Tribunal can be considered on the papers for a patient detained under s3?](https://forum.mentalhealthlaw.co.uk/t/are-there-any-grounds-on-which-a-tribunal-can-be-considered-on-the-papers-for-a-patient-detained-under-s3/1598)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 4\ **Last updated:** [17 May 2023 21:51 UTC](https://forum.mentalhealthlaw.co.uk/t/are-there-any-grounds-on-which-a-tribunal-can-be-considered-on-the-papers-for-a-patient-detained-under-s3/1598 "2023-05-17T21:51:31Z")
My client is detained in hospital under section 3. Following renewal of his section the Hospital Managers have made a referral for a Tribunal as client has not challenged previously. My client is not wanting to contest … --- ## [Test for permission to appeal a First-tier Tribunal decision](https://forum.mentalhealthlaw.co.uk/t/test-for-permission-to-appeal-a-first-tier-tribunal-decision/1550)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [23 March 2023 12:47 UTC](https://forum.mentalhealthlaw.co.uk/t/test-for-permission-to-appeal-a-first-tier-tribunal-decision/1550 "2023-03-23T12:47:20Z")
Which of the following correctly states the test for permission to appeal a First-tier Tribunal decision? I don’t think it can be both. In the recent Upper Tribunal judgement in AC v Cornwall Partnership NHS Foundation … --- ## [Holding powers and re-detention after tribunal discharge](https://forum.mentalhealthlaw.co.uk/t/holding-powers-and-re-detention-after-tribunal-discharge/1546)
**Author:** [@AbbeyWeston](https://forum.mentalhealthlaw.co.uk/u/AbbeyWeston)\ **Replies:** 4\ **Last updated:** [21 March 2023 17:47 UTC](https://forum.mentalhealthlaw.co.uk/t/holding-powers-and-re-detention-after-tribunal-discharge/1546 "2023-03-21T17:47:12Z")
This is now a hypothetical situation however would like to know for future reference. S2 Patient applied for a tribunal and the outcome was that they were discharged with immediate effect. The team and patient were told… --- ## ["Dangerousness" in tribunal reports](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512)
**Author:** [@Stephen\_Ward](https://forum.mentalhealthlaw.co.uk/u/Stephen_Ward)\ **Replies:** 3\ **Last updated:** [8 March 2023 23:26 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512 "2023-03-08T23:26:58Z")
When writing a social circumstances report I did once write in response to the question about dangerousness that it was irrelevant, as the appeal was not against a barring order. The Tribunal Judge commented that he had … --- ## [Change in status from s48/49 to s37/41](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 6\ **Last updated:** [6 January 2023 22:17 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385 "2023-01-06T22:17:24Z")
I have a client who applied for a tribunal when on s48/49 and who has now been put on s37/41. Apologies for the simple question but I cannot find a definitive answer as to whether the date which has been set can be retai… --- ## [Inappropriate comments in PHE](https://forum.mentalhealthlaw.co.uk/t/inappropriate-comments-in-phe/1381)
**Author:** [@anonymous19](https://forum.mentalhealthlaw.co.uk/u/anonymous19)\ **Replies:** 1\ **Last updated:** [1 December 2022 14:21 UTC](https://forum.mentalhealthlaw.co.uk/t/inappropriate-comments-in-phe/1381 "2022-12-01T14:21:54Z")
My restricted client informs me that the MM advised her not to seek CD but instead to seek a recc for US leave. They also apparently suggested she ask MHT to discharge the s41 leaving her on a s37. Of course I don’t know… --- ## [Certification of meeting criteria 10 days prior to tribunal (new Bill proposal)](https://forum.mentalhealthlaw.co.uk/t/certification-of-meeting-criteria-10-days-prior-to-tribunal-new-bill-proposal/1368)
**Author:** [@ClaireB](https://forum.mentalhealthlaw.co.uk/u/ClaireB)\ **Replies:** 3\ **Last updated:** [25 November 2022 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/certification-of-meeting-criteria-10-days-prior-to-tribunal-new-bill-proposal/1368 "2022-11-25T10:00:27Z")
With the proposals in the new MH Bill, there is a suggestion that certification would be needed 10 days ahead of tribunals that people still meet the criteria - but who is doing the certification? Is it proposed to be ju… --- ## [Independent Psychiatrist - Sexual Offending](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist-sexual-offending/1191)
**Author:** [@AdamB](https://forum.mentalhealthlaw.co.uk/u/AdamB)\ **Replies:** 1\ **Last updated:** [15 November 2022 08:44 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist-sexual-offending/1191 "2022-11-15T08:44:44Z")
Hi All, Does anyone recommend a consultant psychiatrist who specialises in producing reports for forensic patients with a history of sexual offending at legal aid rates? Thanks in advance. --- ## [Poll on the proposed longer listing window for s2 tribunal cases](https://forum.mentalhealthlaw.co.uk/t/poll-on-the-proposed-longer-listing-window-for-s2-tribunal-cases/1148)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [3 November 2022 09:23 UTC](https://forum.mentalhealthlaw.co.uk/t/poll-on-the-proposed-longer-listing-window-for-s2-tribunal-cases/1148 "2022-11-03T09:23:14Z")
I’m partly curious how well polls work on this forum software – and partly curious what people think about Tribunal Procedure Committee, ‘Possible amendments to the Tribunal Procedure (FTT) (HESC) Rules 2008’ (consultati… --- ## [Have pre-hearing examinations in Wales recommenced?](https://forum.mentalhealthlaw.co.uk/t/have-pre-hearing-examinations-in-wales-recommenced/1292)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [21 October 2022 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/have-pre-hearing-examinations-in-wales-recommenced/1292 "2022-10-21T09:19:02Z")
The last I heard was back in May 2022 and at that point there hadn’t been any PHEs since the beginning of the coronavirus pandemic. What is the current situation? The reason I ask is that the updated Law Society, ‘Pract… --- ## [Appeal tribunal decision, reapply or both?](https://forum.mentalhealthlaw.co.uk/t/appeal-tribunal-decision-reapply-or-both/1237)
**Author:** [@anonymous13](https://forum.mentalhealthlaw.co.uk/u/anonymous13)\ **Replies:** 2\ **Last updated:** [24 September 2022 18:34 UTC](https://forum.mentalhealthlaw.co.uk/t/appeal-tribunal-decision-reapply-or-both/1237 "2022-09-24T18:34:09Z")
A tribunal has just upheld my client’s section in circumstances which I feel may well be open to appeal- although I have yet to receive the written decision. My client wants to challenge her section and can appeal again … --- ## [Tribunal lay person](https://forum.mentalhealthlaw.co.uk/t/tribunal-lay-person/1230)
**Author:** [@Clare](https://forum.mentalhealthlaw.co.uk/u/Clare)\ **Replies:** 3\ **Last updated:** [20 September 2022 14:25 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-lay-person/1230 "2022-09-20T14:25:46Z")
Hi All, Does anybody know where or how to apply to be a lay person on a MHA Tribunal, please? Thanks --- ## [Deferring conditional discharge to allow for deportation arrangements](https://forum.mentalhealthlaw.co.uk/t/deferring-conditional-discharge-to-allow-for-deportation-arrangements/1164)
**Author:** [@Rachel](https://forum.mentalhealthlaw.co.uk/u/Rachel)\ **Replies:** 1\ **Last updated:** [12 August 2022 08:49 UTC](https://forum.mentalhealthlaw.co.uk/t/deferring-conditional-discharge-to-allow-for-deportation-arrangements/1164 "2022-08-12T08:49:13Z")
Has anyone come across this scenario before of the MHU comments for a tribunal requesting that if a conditional discharge is granted, it is deferred to allow for a deportation order and CD to take concurrent effect? Woul… --- ## [Adjourned Restricted Hearing](https://forum.mentalhealthlaw.co.uk/t/adjourned-restricted-hearing/1079)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 3\ **Last updated:** [15 July 2022 10:44 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-restricted-hearing/1079 "2022-07-15T10:44:03Z")
I’ve just had a s37/41 recall hearing where the Judge has insisted on adjourning. The reason for this is because the RC has changed her mind in the last few days and now supports conditional discharge but the MOJ haven’… --- ## [Change in status during tribunal proceedings](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [13 July 2022 17:23 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46 "2022-07-13T17:23:41Z")
I’ve added some recent information on the website here: Change in status during tribunal proceedings. It covers the following changes: s2–s3–CTO, s3–s7, s47/49–s47 and s3–s37. Is anyone aware of other circumstances tha… --- ## [Ss37/41 Patient C-D Prior to Tribunal - Application Close?](https://forum.mentalhealthlaw.co.uk/t/ss37-41-patient-c-d-prior-to-tribunal-application-close/695)
**Author:** [@AdamMarley](https://forum.mentalhealthlaw.co.uk/u/AdamMarley)\ **Replies:** 12\ **Last updated:** [11 July 2022 15:49 UTC](https://forum.mentalhealthlaw.co.uk/t/ss37-41-patient-c-d-prior-to-tribunal-application-close/695 "2022-07-11T15:49:00Z")
Hi I have a client who is currently detained in prison on a recall warrant. He was also subject to a 37/41 hospital order and made an application to the Tribunal to appeal that. He was discharged from the s37 and now r… --- ## [Challenging s2 MHT decision](https://forum.mentalhealthlaw.co.uk/t/challenging-s2-mht-decision/930)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 5\ **Last updated:** [27 June 2022 18:20 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-s2-mht-decision/930 "2022-06-27T18:20:21Z")
I have received an appallingly reasoned decision from a s2 hearing last week. Patient was however discharged from the s2 yesterday and deprived of her liberty under the inherent jurisdiction. Thoughts on whether it’s w… --- ## [Striking out due to incapacity to apply](https://forum.mentalhealthlaw.co.uk/t/striking-out-due-to-incapacity-to-apply/908)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [4 May 2022 13:14 UTC](https://forum.mentalhealthlaw.co.uk/t/striking-out-due-to-incapacity-to-apply/908 "2022-05-04T13:14:15Z")
We represented a patient at a s2 Tribunal appointed under Rule 11(b). A member of the ward staff had made the application to the tribunal on behalf of the patient. They were not available to give evidence about this but… --- ## [F2F Hearing](https://forum.mentalhealthlaw.co.uk/t/f2f-hearing/786)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 6\ **Last updated:** [23 February 2022 03:57 UTC](https://forum.mentalhealthlaw.co.uk/t/f2f-hearing/786 "2022-02-23T03:57:00Z")
I’ve been asked to assist with a s37/41 for a patient in an MSU who is not only deaf but also has a brain injury. He had a hearing last year with someone else and said it was a disaster and he was largely unable to foll… --- ## [What circumstances allow covering responsible clinicians to attend Mental Health Review Tribunals and Mental Health Act Manager Reviews?](https://forum.mentalhealthlaw.co.uk/t/what-circumstances-allow-covering-responsible-clinicians-to-attend-mental-health-review-tribunals-and-mental-health-act-manager-reviews/782)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 5\ **Last updated:** [18 February 2022 15:50 UTC](https://forum.mentalhealthlaw.co.uk/t/what-circumstances-allow-covering-responsible-clinicians-to-attend-mental-health-review-tribunals-and-mental-health-act-manager-reviews/782 "2022-02-18T15:50:09Z")
What do the Regulations say about Responsible Clinicians being covered by another doctor who has not signed the H5 or M2? Is this now an accepted practice? Rosemary Moore A Nearest Relative under the 1983 Mental Heal… --- ## [MHT pre-judging the case before the Tribunal](https://forum.mentalhealthlaw.co.uk/t/mht-pre-judging-the-case-before-the-tribunal/762)
**Author:** [@helen](https://forum.mentalhealthlaw.co.uk/u/helen)\ **Replies:** 3\ **Last updated:** [9 February 2022 11:53 UTC](https://forum.mentalhealthlaw.co.uk/t/mht-pre-judging-the-case-before-the-tribunal/762 "2022-02-09T11:53:27Z")
Hi, does anyone remember a case where the Tribunal doctor (following a PHE) expressed a firm view of no-discharge prior to the Tribunal taking place. I recall that there was a successful challenge that confirmed that wh… --- ## [Welsh Tribunal - medical records and content of reports](https://forum.mentalhealthlaw.co.uk/t/welsh-tribunal-medical-records-and-content-of-reports/741)
**Author:** [@anonymous1](https://forum.mentalhealthlaw.co.uk/u/anonymous1)\ **Replies:** 3\ **Last updated:** [20 January 2022 07:56 UTC](https://forum.mentalhealthlaw.co.uk/t/welsh-tribunal-medical-records-and-content-of-reports/741 "2022-01-20T07:56:14Z")
Can anyone tell me whether there is any practice direction in the Welsh Tribunal concerning the production of medical records? If not, how can these be accessed remotely? Also, is there any rule concerning the content o… --- ## [S.86 MHA - "removal of alien patients"](https://forum.mentalhealthlaw.co.uk/t/s-86-mha-removal-of-alien-patients/733)
**Author:** [@Wendy1](https://forum.mentalhealthlaw.co.uk/u/Wendy1)\ **Replies:** 4\ **Last updated:** [6 January 2022 20:24 UTC](https://forum.mentalhealthlaw.co.uk/t/s-86-mha-removal-of-alien-patients/733 "2022-01-06T20:24:45Z")
I am wondering if any of you could assist me at all in relation to a s86 referral to MHRT by the Secretary of State for a client of mine. My client is a US citizen with no right to remain in the UK. He was initially d… --- ## [S.75(2) MHA](https://forum.mentalhealthlaw.co.uk/t/s-75-2-mha/727)
**Author:** [@RogerP](https://forum.mentalhealthlaw.co.uk/u/RogerP)\ **Replies:** 0\ **Last updated:** [29 December 2021 08:37 UTC](https://forum.mentalhealthlaw.co.uk/t/s-75-2-mha/727 "2021-12-29T08:37:28Z")
In early 2005, Munby J delivered his judgment in R (SC) v. The Mental Health Review Tribunal & Anor \[2005\] EWHC 17. There had until then been no clear guidance on how the s.75(2) MHA 1983 discretion should be exercised b… --- ## [Tribunal applications in first six months of hospital order](https://forum.mentalhealthlaw.co.uk/t/tribunal-applications-in-first-six-months-of-hospital-order/593)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 5\ **Last updated:** [3 December 2021 22:51 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-applications-in-first-six-months-of-hospital-order/593 "2021-12-03T22:51:08Z")
\*\*Case (Change in status - s47/49 to s37/41).\*\* CS v Elysium Healthcare \[2021\] UKUT 186 (AAC) — The patient applied to the MHRT for Wales while subject to a s47/49 restricted transfer direction; then the Court of Appeal … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=2) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=4)